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Mergers & Acquisitions
Mr. Xie has in-depth understanding of legal, commercial and financial issues of mergers & acquisitions. He has handled many a transactions in Mergers & Acquisitions, covering equity purchase, assets purchase, purchase by receiving debt and purchase of net asset. In handling M&A transactions, Mr. Xie adopts a resolution-oriented approach, guiding clients through the legal and regulatory complexity of China’s fast-developing market.
Areas of Expertise:
· Designing optimal transaction structures
· Conducting legal due diligence investigations
· Drafting and negotiating equity and asset acquisition agreements, merger agreements and related agreements
· Assisting in governmental filings, obtaining approvals and registrations
· Consulting on foreign exchange, taxation and competition law
· Assisting in closing of transactions
Main M & A Projects Advised on:
- China Resources Group’s restructuring of textile sector of China Worldbest Group
- China PingAn Group’s purchase of Guangdong Development Bank
- Yanfeng Visteon Automobile Trim Systems Co., Ltd. purchase of total assets of Liaoning Liaoyang Interior Trim Group
- Autoliv AB and Shanghai Shenda Co., Ltd. restructuring Shanghai Van Orele Alberton Safety Belt Weaving Company Limited and VOA Webco PTY LTD.
- Equity transfer between Solartec, Inc. and Shanghai Automotive Industry Co., Ltd., and incorporation of Shanghai SAIC Die Technology Co., Ltd. Sekely, Inc.
- Equity transfer between Autoliv AB and Shanghai Shengsheng Investment Co., Ltd.
- Equity Transfer between Shanghai Volvo Bus Corporation and Qingdao Public Transportation Group to incorporate Qingdao Volvo Bus Coroporation.
- TRW Inc. and Shanghai Automotive Industry Co., Ltd. restructuring Shanghai TRW Automotive Safety System Co., Ltd.
- Equity transfer between Johnson Controls International, Inc. and Yanfeng Visteon Automotive Trim Systems Co., Ltd.
Foreign Direct Investment
Mr. Xie works for his foreign clients to help them understand China's legal system and as a result he helps them to work within China and protect their interests and growth. Therefore, his main priority is to help his clients achieve their investment goals and reduce legal uncertainty or risk.
Areas of Expertise:
- Legal due diligence;
- Establishment of foreign invested companies limited by shares, equity joint ventures, contractual joint ventures, wholly foreign-owned enterprises, representative offices and other business vehicles;
- Government approval application, registration and filing with relevant authorities;
- Designing of corporate governance;
- Technology transfer and licensing, protection of intellectual property rights;
- Tax planning and foreign exchange;
- Customs formalities, import and export of machinery and other products;
- Acquisitions of asset, business and equity by foreign investors;
- Restructuring and consolidation of Foreign Investment Enterprises;
- Ongoing legal advise to Foreign Investment Enterprise;
- Liquidation and dissolution of Foreign Investment Enterprise.
Main Projects of Foreign Direct Investment Involved:
- Establishment of ZF Transmissions Shanghai Co., Ltd. between Shanghai Automotive Company Ltd. and ZF GETRIEBE GMBH, F.R.G.,
- Establishment of Dongfeng Visteon Trim Systems Co., Ltd. between Visteon Inc., Yanfeng Visteon Trim Systems Co., Ltd., Dofeng Electronic Co., Ltd. and Dongfeng Motor Import & Export Co., Ltd.
- Establishment of Guangzhou Dongwei Trim Systems Co., Ltd. between Yanfeng Visteon Trim Systems, Dofeng Electronic Co., Ltd. and Yuxin International Investment Co., Ltd.
- Establishment of Shanghai Meridian Magnesium Co., Ltd. between Meridian Technologies Inc. and Shanghai Qiantong Co., Ltd.
- Establishment of United Plastics Group (Suzhou) Co., Ltd. wholly owned by United Plastics Group, Inc.
- Technology Transfer between Shanghai Automobile Industry Co., Ltd. and Volkswagen GMBH, F.R.G.
Real Estate
Mr. Xie plays an active role in lots of his clients’ real estate projects and has provided clients with a wide range of related services. His services and experience in the real estate industry range from office buildings, hotels, residential apartments and villas to urban reconstruction and redevelopment. He has sound understanding of China’s land systems and operation of land market.
Areas of Expertise:
- Grants and transfers of land use rights
- Advising on land requisition, demolition and resettlement
- Preparation of tender of construction and engineering project documentation
- Negotiation and drafting of construction contracts
- Advising on real estate acquisition
- Advising on project financing and real estate trusts
- Advising on commercial and residential sales, leasing and management decisions
- Registration of property and related escrow services
- Dispute resolution
Main Real Estates Projects handled:
- Due Diligence investigation into Land use right of Changchun Autoliv Automotive Safety Systems Co., Ltd.
- Land use right and joint construction project of Shanghai Zuding Industrial Co., Ltd.
- Joint construction of Shanghai VMC Decoration and Designing Co., Ltd.
- Due diligence investigation into land and plant construction of Shanghai International Motor Logistics Project
- Land and construction of Fengxian plant of Autoliv
- Location and construction of plant of Satoni Textile Machinery Co., Ltd.
Banking and Financing
Mr. Xie is experienced in handling large and complex financial transactions, and at the forefront of emerging areas in China, such as asset securitization, resolution of distressed assets, and derivatives. He advises financial institutions on regulatory matters and provides comprehensive legal services to financial transactions for both lenders and borrowers, including designing financing structures, conducting legal due diligence, preparing and negotiating transaction documents, and issuing legal opinions.
Areas of Expertise:
- Advising on syndicated loans and structured finance agreements
- Advising on international organization and foreign governmental loans
- Advising on commercial papers and letters of credit
- Advising on financial leasing of aero planes, shipping vessels and other equipment
- Advising on decisions related to projects involving the financing of energy or infrastructure
- Advising on consumer credit, real estate and automobile mortgage loans
- Advising on international trade financing
- Advising on secured assets for various financial transactions
- Advising on financial asset management and debt restructurings
- Advising on financial derivatives transactions
- Advising on life insurance, property insurance and reinsurance
- Advising on trusts
- Advising on initial public offering
- Advising on venture capital and private equity investment
Financing Projects Dealt with:
- Syndicate Loan to Shanghai General Motors Co.,Ltd.
- Project Financing to Shanghai Hongli Semiconductor Co.,Ltd.
- Airplane Financing Lease to China Eastern Airlines Co.,Ltd.
- Financial Consultant to Shanghai Secco Petrochemical Co.,Ltd.(Joint venture of BP and Sinopec)
- French Governmental Financing to Shanghai Metro Line Project
Litigation and Arbitration
Mr.Xie represents many domestic enterprises and multinational companies in litigation and arbitration.He specializes in settling of contractual disputes,corporate litigations and commercial disputes.He has good connection with courts and government authorities.
Areas of Expertise:
- Providing constructive and practical dispute avoidance schemes
- Designing arbitration and litigation strategies
- Representing clients in all phases of litigation and arbitration,including pre-trial and pre-hearing discovery,protective measures,hearings,and trials
- Representing clients in mediation and settlement procedures
- Representing clients in enforcement proceedings
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